1.   A tariff quota for 169 000 young male bovine animals falling within CN code 0102 90 05, 0102 90 29 or 0102 90 49, and intended for fattening in the Community is hereby opened for the period 1 July 2004 to 30 June 2005 subject to any reductions negotiated subsequently between the Community and its WTO partners within the framework of the negotiations under Article XXIV.6 GATT in the context of the WTO.

This tariff quota shall have the order number 09.4005.

2.   The customs import duty applicable under the tariff quota referred to in paragraph 1 shall be 16 % ad valorem plus EUR 582 per tonne net.

The rate of duty provided for in the first subparagraph shall apply on condition that the imported animals are fattened for at least 120 days in the Member State which has issued the import licence.

3.   The quantities referred under paragraph 1 shall be staggered over the period referred to in that paragraph as follows:

4.   If, during one of the periods mentioned under paragraph 3(a), (b) and (c), the quantity covered by licence applications submitted for each of these periods is less than the quantity available for the period in question, the remaining quantity of that period will be added to the quantity available for the following period.

1.   To be eligible under the quota provided for in Article 1, applicants must be natural or legal persons and must prove to the satisfaction of the competent authorities of the Member State concerned, at the time they submit their applications for import licences, that they have imported at least 100 animals covered by CN code 0102 90 during the year 2003.

Applicants must be listed in a national VAT register.

2.   Operators in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Hungary, Poland, Slovenia and Slovakia may apply for import licences on the basis of the imports referred to in paragraph 1 from countries which for them were third countries in the year 2003.

3.   Proof of import shall be furnished exclusively by means of the customs document of release for free circulation, duly endorsed by the customs authorities and containing a reference to the applicant concerned as being the consignee.

Member States may accept copies of the documents referred to in the first subparagraph, duly certified by the competent authority. Where such copies are accepted, notification hereof shall be made in the communication from Member States referred to in Article 3(5) in respect of each applicant concerned.

4.   Operators who at 1 January 2004 have ceased their activities in trade with third countries in the beef and veal sector shall not qualify for any application.

5.   A company formed by the merger of companies each having reference imports complying with the minimum quantity referred to in paragraph 1 may use those reference imports as a basis for its application.

1.   Applications for import licences may be submitted only in the Member State in which the applicant is registered for VAT purposes.

2.   Applications for import licences per each period referred to in Article 1(3):

Where applications exceed the quantity referred to in the previous subparagraph, point (b), the excess shall be disregarded.

3.   Applications for import licences shall be submitted during the first 10 working days of each period referred in Article 1(3). However, application for the first period shall be submitted no later than the second Thursday following the publication of this Regulation in the Official Journal of the European Union.

4.   Applicants may lodge no more than one application each per period referred to in Article 1(3). Where the same applicant lodges more than one application, all applications from that applicant shall be inadmissible.

5.   After verification of the documents presented, Member States shall forward to the Commission, by the fifth working day following the end of the period for the submission of applications at the latest, the list of applicants and their addresses as well as the quantities applied for.

All notifications, including nil returns, shall be forwarded by fax or e-mail using the model form in Annex I to this Regulation in cases where applications have actually been submitted.

1.   Following the notification referred to in Article 3(5), the Commission shall decide as soon as possible to which extent the applications can be met.

2.   If the quantities covered by applications as referred to in Article 3 exceed those available for the period in question, the Commission shall fix a single percentage reduction to be applied to the quantities applied for.

Where application of the reduction coefficient provided for in the first subparagraph gives a figure of less than 100 head per application, the quantity available shall be awarded by the Member States concerned by drawing lots for import rights covering 100 head each. Where the remainder lot is less than 100 head it shall be considered a single lot.

3.   Licences shall be issued as soon as possible subject to the Commission's decision regarding acceptance of the applications.

1.   Import licences shall be issued on the name of the operator who submitted the application.

2.   Licence applications and licences shall show the following:

1.   Notwithstanding Article 9(1) of Regulation (EC) No 1291/2000, import licences issued pursuant to this Regulation shall not be transferable and shall confer rights under the tariff quotas only if made out in the same name and address as the one entered as consignee in the customs declaration of release for free circulation accompanying them.

2.   No import licences shall be valid after 30 June 2005.

3.   The security relating to the import licence shall be EUR 20 per head and shall be lodged by the applicant together with the licence application.

4.   Licences issued shall be valid throughout the Community.

5.   Pursuant to Article 50(1) of Regulation (EC) No 1291/2000, the full Common Customs Tariff duty applicable on the date of acceptance of the customs declaration for free circulation shall be collected in respect of all quantities imported in excess of those shown on the import licence.

6.   Notwithstanding the provisions of Section 4 of Title III of Regulation (EC) No 1291/2000, the security shall not be released until proof has been produced that the titular holder of the licence has been commercially and logistically responsible for the purchase, transport and clearance for free circulation of the animals concerned. Such proof shall at least consist of:

1.   At the time of import, the importer shall provide proof that he has:

2.   Except in cases of force majeure, the security referred to paragraph 1(b) shall be released only if proof is furnished to the competent authority of the Member State that issued the licence that the young bovine animals:

The security shall be released immediately after such proof has been furnished.

However, where the time limit referred to in paragraph 1(a) has not been observed, the security to be released shall be reduced by:

The amounts not released shall be forfeited and retained as customs duties.

3.   If the proof referred to in paragraph 2 is not furnished within 180 days from the date of import, the security shall be forfeited and retained as customs duty.

However, if such proof is not furnished within the period of 180 days provided for in the first subparagraph but is produced within six months following the said period, the amount forfeited, less 15 % of the security, shall be repaid.